CCPL Rights Bulletin
Volume 3, Issue 2
October 2014
1. GA v Director of Immigration, Court of Final Appeal:
Right to work — ICESCR — Freedom from inhuman and degrading treatment — BORO — Freedom of choice of occupation — Basic Law —Whether a right to work exists for mandated refugees and screened-in tor-ture victims
2. HKSAR v Agara Isaiah Bishop, Court of Appeal
Criminal law and procedure — Trafficking in danger-ous drugs — Protection of informer identity — Wheth-er statutory provisions contradicted the constitutional right to fair trial — Common law informer privilege — Informer anonymity where innocence of defendant at stake
3. R v The Duty Lawyer Service, PAV v The Duty Lawyer Service, Court of First Instance
Duty Lawyer Service – Torture claimants – Irrationality – Wednesbury unreasonableness – Whether refusal to as-sign to the applicant a particular person as his choice of lawyer under the Duty Lawyer Service to represent him is lawful
4. Singh Arjun v Secretary for Justice, District Court
Civil procedure – Admissibility of expert evidence – Minimum threshold test of relevance and probative value applicable to cases under Race Discrimination Ordinance (Cap 602) – Statutory interpretation of “service” in RDO and finding of facts are exclusively the court’s duty – Active case management under Rules of District Court O 1A – Effect of undue delay in seeking leave
5. ST v Betty Kwan, Court of Appeal
Convention Against Torture - future risk of torture – oral hearings – due procedure - official discretion – high standards of fairness
Right to work — ICESCR — Freedom from inhuman and degrading treatment — BORO — Freedom of choice of occupation — Basic Law —Whether a right to work exists for mandated refugees and screened-in tor-ture victims
2. HKSAR v Agara Isaiah Bishop, Court of Appeal
Criminal law and procedure — Trafficking in danger-ous drugs — Protection of informer identity — Wheth-er statutory provisions contradicted the constitutional right to fair trial — Common law informer privilege — Informer anonymity where innocence of defendant at stake
3. R v The Duty Lawyer Service, PAV v The Duty Lawyer Service, Court of First Instance
Duty Lawyer Service – Torture claimants – Irrationality – Wednesbury unreasonableness – Whether refusal to as-sign to the applicant a particular person as his choice of lawyer under the Duty Lawyer Service to represent him is lawful
4. Singh Arjun v Secretary for Justice, District Court
Civil procedure – Admissibility of expert evidence – Minimum threshold test of relevance and probative value applicable to cases under Race Discrimination Ordinance (Cap 602) – Statutory interpretation of “service” in RDO and finding of facts are exclusively the court’s duty – Active case management under Rules of District Court O 1A – Effect of undue delay in seeking leave
5. ST v Betty Kwan, Court of Appeal
Convention Against Torture - future risk of torture – oral hearings – due procedure - official discretion – high standards of fairness
See also seven other international cases profiled. CCPL also recently published a new Occasional Paper by Mr. Stefan Gruber titled "Perspectives on the Investigation, Prosecution and Prevention of Art Crime in Asia".
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